Legal Question in Civil Litigation in New York

I am inquiring about an incident I recently had with fast food chain. I recently was eating a sandwich while I was alone driving and began choking (not able to breath) on the sandwich. I could not get the food to go down, or back out. I pulled my car to the side of the expressway as best I could and worked to get the food out. I stuck my finger in my throat to dislodge it and I felt something like a string so I pulled it. A piece of that broke free and I was able to swallow the food. However, there was still something in my throat. When I reached my finger back in my mouth, I felt another string like thing so I pulled it. It came out of my throat, but was stuck between my teeth so I pulled it from between my teeth. These two pieces of material were 7 1/2" long and 6 1/2" long. I believe they were one piece that got wrapped around the food and caught between my teeth preventing me from completely swallowing my food, and therefore choking on it.

When I called the restaurant to complain, the on-duty manager indicated they forgot to remove the protective coating from the ham they use on the sandwich when they sliced the ham. He indicated they were responsible and offered to give me a new sandwich, which of course I refused.

My question is do I have a case against them for negligence? In my mind I do because I could've easily choked to death, and I put myself and others in danger when I unexpectedly had to stop my car urgently on the expressway.

Please advise.

Thank You

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